30 March, 2010

CAPTAIN DRAGAN TO BE EXTRADITED TO CROATIA

"We had operated as a de facto war crimes tribunal, including flying witnesses from Croatia, as we worked to prove Vasiljkovic's crimes, albeit on a lower standard of proof than in a criminal trial." - The Australian

AT last the legal system seems to be operating as it should in the case of former Serbian paramilitary commander "Captain Dragan". Yesterday's High Court decision that he may be taken to Croatia to face questioning on war crimes is good news for justice, and a hard-won vindication of the role of the free press.

For almost five years, The Australian, which revealed the war crimes of torture and rape that Dragan Vasiljkovic committed during the Balkans conflict, has found itself on the back foot as it pursued a story so manifestly in the public interest.

After the 2005 publication, Croatia began chasing Vasiljkovic. Clive Evatt, a Sydney barrister renowned for launching defamation actions, took one against us on Vasiljkovic's behalf. The logical path would have been for any war crimes process to precede the defamation case. Instead, we were forced to go first, unaided by Croatia, where files remained closed to us. It would have been laughable were it not so important, not just for this newspaper's integrity but for Vasiljkovic's victims. The timetable also raised the possibility that The Australian could lose the defamation case, only for a war crimes tribunal to later find Vasiljkovic guilty.

In the end, we won the defamation case but only after incurring high legal costs. We had operated as a de facto war crimes tribunal, including flying witnesses from Croatia, as we worked to prove Vasiljkovic's crimes, albeit on a lower standard of proof than in a criminal trial. But proving his guilt in a civil action was not enough to put him behind bars. He has remained free, his victims denied a chance of justice. He is appealing the defamation judgment.

Almost 20 years after his actions in the Balkans, and almost five years after our story, "Captain Dragan" has not been charged with any crime. The extradition simply means Croatian authorities can question him and decide whether they will prosecute. If they find themselves in need of evidence, we respectfully refer them to the transcript of the Supreme Court defamation action. Meanwhile, The Australian reaffirms its commitment to reporting in the public interest, even as we note the costs involved. That Vasiljkovic sued us without having to offer any proof of his ability to pay costs is an issue that warrants attention from the legal system.

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Srebrenica Genocide is not a matter of anybody's opinion; it's a judicial fact recognized first by the International Criminal Tribunal for the Former Yugoslavia and subsequently by the International Court of Justice.